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Client Agreement (Terms & Conditions)

 

For and in consideration of the mutual covenants set forth herein and other good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged, ___________________________as OWNER  and LEASE KILLERS as MANAGEMENT of undersigned property known as tract_______________________do enter into this agreement effective immediately on this date _____________until agreed expiration by mutual signed written notice. List date of property on agreed online website rental services is to be ____________. LEASE KILLERS has the right to rent out the above undersigned property through Airbnb,VRBO, and other agreed upon rental platforms(collectively known as online website rental services) until the expiration date of this mutually agreed contract. For any reason OWNER can terminate contract  with  30 day notice to Lease Killers. All bookings on all platforms under the Lease Killers accounts are property of the Lease Killers and therefore Owner forfeits all rights to any revenue from any future bookings once contract is terminated.

 

  1. MANAGEMENT AGREEMENT:

 

OWNER hereby agrees to LEASE KILLERS managing the declared property in the above paragraph as a short term rental through the online website rental services. OWNER is held liable through agreement with Airbnb for tenants and all conditions of signed contract with Airbnb and tenants. OWNER agrees to follow the conditions with online website rental services and LEASE KILLERS to the best of their ability and in good faith. OWNER agrees to being paid by LEASE KILLERS through the LEASE KILLERS owned Airbnb management account and other online website rental services such as VRBO, Homeaway, etc. once every month by the 5th of each month. LEASE KILLERS have the right to deduct a 12% commission fee from every monthly payment of OWNER gross rental proceeds excluding proceeds received related to cleaning fees. LEASE KILLERS will handle all tax prep and payment of taxes on OWNER behalf by the 20th of every month. OWNER agrees to be liable and pay for  all monthly house expenses until expiration of this mutual agreement including electricity, water, cable, gas if applicable,  internet, mortgage, and home insurance. OWNER  will see a recurring varied upon bookings supply fee and $20 linen pool fee on the monthly report.  LEASE KILLERS will do periodic collection of mail and shipping any essential items to OWNER’s mailing address at OWNER’s expense which will be deducted on the monthly report. LEASE KILLERS to coordinate and  provide confirmation of maintenance checks/items (example: air filter changing, light bulb changing, plumbing,sprinkler system winterizing, etc.) at OWNER’s expense which will be deducted on the monthly report.There will be no management fee assessed on the cleaning proceeds collected from tenants by LEASE KILLERS. LEASE KILLERS agrees to only rent to qualified and verified tenants through Airbnb,VRBO and other online rental service websites that LEASE KILLERS sees fit. These tenants must have no prior bad reviews or claims to be considered as a potential tenant of  property. LEASE KILLERS agrees to act in good faith to make sure property is maintained and secured  up to OWNER’s standards at all times.



 

     

     2. OWNER ACKNOWLEDGES:

 

That LEASE KILLERS is only liable for coordinating booking, cleaning after tenants visit, monthly payment to OWNER, and holding tenants deposit. OWNER is liable for any issues that may arise while property is rented by tenants and gives LEASE KILLERS the right to resolve any issues at the property in a timely manner. OWNER is liable for utilities and property maintenance expenses for the duration of this agreement. LEASE KILLERS is liable for monitoring and coordination of utilities and property maintenance at OWNER’s expense (EX: making sure all utilities are working at all times, HVAC repair, roof repair, filter changes, plumbing maintenence, etc). LEASE KILLERS agrees to take care of any issues while property is rented on behalf of the OWNER at OWNER’s cost. OWNER acknowledges that LEASE KILLERS has ability to rent to any tenants they see fit. Tenant requesting rental must be at least 25 years of age which will be validated with a state issued I.D.. All tenants in a party of up to 12 guest must be a minimum age of 21 unless otherwise approved by LEASE KILLERS. OWNER is not bound to this mutual agreement if the property after the first 30 days of management by the LEASE KILLERS does not bring in the minimum mortgage payment of ____________. Contract will be terminated free of any charge. LEASE KILLERS have full discretion in regards to property booking prices on Airbnb, VRBO or any other website rental services and marketing to potential tenants online. OWNER has NO right to cancel a booked reservation of a tenant without 30 days notice for termination of contract or maintenance to the LEASE KILLERS. Cancellation without prior 30 day notice will result in a fee of 10% of per night booked price for all days cancelled which will be paid to the LEASE KILLERS. OWNER agrees this is an exclusive mutual agreement with LEASE KILLERS which means OWNER forfeits the right to allow any persons or business other than LEASE KILLERS to manage or book rentals while this contract is active and binding which is excluding blocked days requested by OWNER.

Emergency Maintenance

If LEASE KILLERS believes that emergency maintenance is required to protect or preserve the tract/property from damage, destruction or to maintain services to a Guest /Occupier of the tract/property LEASE KILLERS may as soon as practicable, arrange for such maintenance to be performed. As such, any expenses incurred by LEASE KILLERS in connection with providing emergency maintenance will be on the monthly report as a maintanence expense. A 10% upcharge will be added to any maintenance that is done by LEASE KILLERS represented handy men or maintence providers. There will be NO upcharge for any maintenance provided by a third party company (Ex: Hvac - Hiller, Plumbing, electrical, roofing, remodel, contractors etc). LEASE KILLERS will act in good faith and make all attempts to communicate with OWNER regarding need for emergency maintenance and the steps being taken to address it. OWNER will be held liable for any expenses incurred  for emergency maintenance regardless of confirmation of notification from LEASE KILLERS that emergency maintenance is needed.

 

Firearms/Weapons

OWNER should not under any circumstances store, place, or keep firearms on the tract/property, and this includes any firearms/weapons in a locked closet or safe, or any kind of dangerous weapons that can or may cause/inflict serious injury, bodily harm, or death to the guests of the tract/property, third parties or LEASE KILLERS employees/personnel.

 

Owner interference

In connection with LEASE KILLERS services, OWNER may not and agrees that he will not; unless otherwise provided;

  1. Return to/access the property during the duration of a guest stay;allow friends, family and/or third parties access/entrance to the property during guest stays;

  2. Stalk, harass, or interfere with the quiet enjoyment of the tract/property of the guest during the guest days;

  3. Interfere in any way with LEASE KILLERS communications with the guest, such as communicate in any way with the guest on behalf of LEASE KILLERS, change the checkout dates and accept reservations on behalf of LEASE KILLERS; and/or

  4. Arrange for construction/maintenance on or outside the premises without prior written notification to LEASE KILLERS at least thirty (30) days in advance.

 

Owner Representations and Warranties

In addition to the other representations and warranties set forth in this agreement and in the Terms, OWNER represents and warrants that:

  1. OWNER is the legal owner of the tract/property and has full authority to enter into this agreement and to use LEASE KILLERS for the contracted services under the terms of this agreement.

  2. If OWNER is an authorized tenant there are no written or oral restrictions on further leasing or subletting the tract/property that would interfere with the listing of the tract/property on a third party platform or otherwise temporarily leasing the tract/property to guest , or any other actions contemplated by this agreement.

  3. Owner fully represents and verifies that the tract/property, its construction and operation do not violate any applicable statute, laws, ordinances, rules, regulations, orders, or the like including, but not limited to, those relating to hazardous or toxic substances.

  4. OWNER fully represents and verifies that the tract/property does not contain any toxic substances such as, but not limited to: lead based paint, asbestos, urea, formaldehyde, radon, or other hazardous substances and that no unsafe condition exists except as disclosed in writing at the time of this agreement.

  5. OWNER has disclosed the existence of any default of foreclosure notices affecting the property as of the date of this agreement and further agrees to disclose any such notices received hereafter, within (15) days of the receipt of any such notices.

 

Indemnification

OWNER agrees to defend, indemnify and hold harmless LEASE KILLERS, its affiliates, representatives, agents, directors, managers, officers, employees, and all such personnel (“indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, resonable legal and accounting fees, incurred by LEASE KILLERS arising out of resulting in any way connected with

  1. The services performed by LEASE KILLERS under this agreement other than those that arise because of gross negligence or intentional acts or misconduct by LEASE KILLERS or any of its officers, agents, directors or employees

  2. Any damage to or destruction of any property by guest, third parties, acts of nature, or acts of God;

  3. Any injury to or death of any person from any cause whatsoever;

  4. Any error of judgement by indemnitees or any mistake of law or fact by indemnitees;

  5. To the extent not covered by insurance, any alleged violation of any law(statutory common or otherwise) pertaining to the actions contemplated by this agreement, including but not limited to environmental protection, rent control, taxes, short term rental, fair housing, or any other such laws.

Miscellaneous & Further Acknowledgements by OWNER

1. Successors and Assigns

  • This agreement shall benefit LEASE KILLERS, its successors and any permitted assigns. This agreement shall not be assignable by OWNER without the express acknowledgement of LEASE KILLERS, but may be freely transferred, assigned, or delegated by LEASE KILLERS.

2. Entire Agreement

  • This agreement and the terms into which this agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information, and understandings.

3. Waiver

  • If OWNER breaches any term of this agreement and LEASE KILLERS decides to take no action or neglects to do so, then LEASE KILLERS will still be entitled to take action and enforce our rights and remedies for any other breach.

4. Severability

  • If any of the provisions, terms, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law of which governs this agreement, then, that provision(or portion therof) notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

5. Relationship of Parties

  • Let it be known that LEASE KILLERS are independent contractors under this agreement and no other relationship is intended or formed as a result of this agreement, including a partneship, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of the independent contractor, nor bind the other party.

6. Governing Law

  • Let it be known that this agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles that provide for the application of the law of another jurisdiction.

7. Dispute Resolution

  • LEASE KILLERS and OWNER agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this agreement, such dispute shall be resolved as set forth in the terms.   
     

 




 

***OWNER to pay a one time setup fee of five hundred dollars ($500) to LEASE KILLERS out of first month gross revenue***Three hundred twenty eight dollar ($328) mandatory lock system that is installed by LEASE KILLERS will be taken out of first month gross revenue*** In the event of contract termination LEASE KILLERS will refund the three hundred twenty eight dollars ($328) to the OWNER and retake possession of the lock*** A paid upfront escrow deposit of five hundred dollars ($500) is to be  held in escrow to cover incurred expenses of the property in between each payment period that will be covered on your monthly report***

© 2019 by The Lease Killers

 

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